Logourl black
From our private database of 14,100+ case briefs...

State v. Elliot

Supreme Court of Connecticut
411 A.2d 3 (1979)


Facts

Elliot (defendant) went to his brother’s home with a loaded gun. Elliot broke into the house and threatened his 10-year-old niece, forcing her to tell him where his brother was. Elliot also encountered his brother’s wife, whom he chased when she tried to run to the door. The brother’s wife saw that Elliot was close behind her and then saw her husband approach. Elliot turned around and shot his brother twice, killing him. Elliot ran from the scene and was subsequently arrested. Elliot was interviewed by a psychiatrist about 11 months later. The doctor testified that Elliot was acting under the influence of an extreme emotional disturbance brought on by a number of problems, including child-custody issues, the inability to maintain his home, and a severe fear of his brother. Even though the Model Penal Code was amended to include the new theory of killing under the influence of an extreme emotional disturbance, replacing the common law concept of killing in the “heat of passion,” the trial judge still instructed the jury on the “heat of passion defense,” which required a defendant to establish that his “hot blood” did not have time to “cool off” at the time of the killing, in order to reduce a murder charge to manslaughter. Elliot was convicted of murder and appealed, arguing that the trial court erred in the jury charge by instructing on the heat-of-passion defense, instead of the extreme-emotional-disturbance defense.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Loiselle, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 218,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.